Opinion
286 A.D. 1099 145 N.Y.S.2d 694 Christo PETCHEFF, Appellant, v. CHRISTO PETCHEFF, S. A., Defendant. Secony-Vacuum Oil Company, Incorporated, appearing specially herein, Respondent. Supreme Court of New York, Second Department November 14, 1955.
Jerome S. Zurkow, New York City, for appellant.
Mervin C. Pollak, New York City, for respondent.
Before WENZEL, Acting P. J., and MacCRATE, SCHMIDT, BELDOCK and UGHETTA, JJ.
MEMORANDUM BY THE COURT.
Action under an employment contract to recover from the employer, a Bulgarian corporation, commissions and a balance due for expenses.
Pursuant to a warrant of attachment obtained by appellant in 1951, a levy was made upon a blocked account in a New York bank, in the name of 'Socony-Vacuum Oil Company, Incorporated, Account Christo Petcheff, S.A., Sofia, Bulgaria.' Copies of the warrant were served upon the bank and Socony-Vacuum Oil Company, Incorporated, respondent herein. Thereupon, defendant was served with a summons and complaint by publication, and in due course judgment by default was entered in appellant's favor.
In 1953, before any action had yet been taken to apply the attached fund to the satisfaction of the judgment, Socony appeared specially herein and moved, under sections 924 and 948 of the Civil Practice Act, to vacate the warrant and all proceedings subsequent thereto, including the aforementioned levy, service and judgment, upon the ground, among others, that the equitable ownership of the fund in the attached account is in certain Bulgarian residents other than defendant. The appeal is from an order granting the motion. 129 N.Y.S.2d 677.
Order affirmed, with $10 costs and disbursements.
In our opinion, the record indicates that defendant did not have legal or equitable title to the fund at the time of the attachment.